Agenda 06/23/2009 Item #16E 1
Agenda Item No. 16E1
June 23, 2009
Page 1 of 40
EXECUTIVE SUMMARY
Recommendation to authorize a Budget Amendment for the Conservation Collier Land
Acquisition Fund (172) to adequately appropriate funds for an escrow in the amount of
$250,000 as'stipulated by the purchase agreement for Pepper Ranch.
OBJECTIVE: Board of County Commissioners authorization of a budget amendment to insure an
appropriate escrow balance of $250,000 is reserved within the Conservation Collier Land Acquisition
Fund (172).
CONSIDERATIONS: On January 27, 2009, the Board of County Commissioners (Board) approved
the purchase of a Conservation Collier property known as Pepper Ranch (Agenda Item 101). As part
of the agreement for purchase, the County agreed to hold $250,000 in escrow for the potential loss of
Panther Habitat Mitigation Units. A budget amendment is necessary in order to move funds from
Reserves for Debt Service into a Reserve for Escrow.
The original language of that agreement indicated that the escrowed funds would be held in the
County's general fund. Following that agreement, and in conjunction with the associated budget
amendment to appropriate these funds, staff wishes to clarify that the escrowed funds will be held in a
Reserve for Escrow within the Conservation Collier Land Acquisition Fund (172).
Agreement to this clarification has been obtained from the Sellers, and is provided in the attached
document.
FISCAL IMPACT: Funds in the amount of $250,000 will be moved from Reserves for Debt Service to
a Reserve for Escrow, within the Conservation Collier Land Acquisition Fund (172).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL SUFFICIENCY: This item has been reviewed by the County Attorney's Office and is legally
sufficient for Board Action. A majority vote is required. This item is not quasi-judicial and therefore
ex-parte disclosures are not required. - JBW
RECOMMENDATION: That the Board authorizes the necessary budget amendment in order to
reserve $250,000 in a Reserve for Escrow, as stipulated by the purchase agreement for Pepper
Ranch.
PREPARED BY: Laura Davisson, Analyst, Office of Management and Budget
Page I of I
Agenda Item No. 16E1
June 23, 2009
Page 2 of 40
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E1
Item Summary:
Recommendation to authorize a Budget Amendment for the Conservation Collier Land
Acquisition Fund (172) to adequately appropriate funds for an escrow in the amount of
$250,000 as stipulated by the purchase agreement for Pepper Ranch.
Meeting Date: 6/23/2009 90000 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 6/8/200910:07 AM
Approved By
Jennifer A. Belpedio Assistant County Attorney Date
County Attorney County Attorney Office 6/8/20093:29 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 6/10/20099:39 AM
Approved By
Laura Davisson Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 6/11/2009 8:55 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 6/11/20099:22 AM
Commissioners
file://C:\AgendaTest\Export\ I 32-June%2023,%202009\ ] 6.%20CONSENT%20AGENDA \]... 6/] 7/2009
Agenda Item No. 16E1
June 23, 2009
Page 3 of 40
AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
AND COUNTY ESCROW AGREEMENT
This Amendment to Agreement tor Sale and Purchase and County Escrow Agreement is
made and entered into by and bet\\'een Lake Trafford Ranch, LLLP, a Florida limited liability
limited partnership ("Seller"), and Collier County, a political suhdivision of the State of Florida
CBuyer" or "County").
BACKGROUND
A. The parties entered into an Agreement for Sale and Purchase as of December 5,
2008 (the" Agreement"); and
B. Subsequent thereto an Issue was raised by Barron Collier Investments, Ltd.
("BCI"), the owner of land (the "Bel Land") adjoining the property that is the subject of the
Agreement ("the Property"), claiming the right to legal access over the property that is the
subject of the Agreement, and as a result the transaction set forth in the Agreement was not
closed in the time frame set forth therein: and
C. As consequence the parties have agreed to modify terms of the Agreement
NOW THEREFORE, in consideration of the premises and the mutual covenants set forth
herein the Agreement is modified in the toll owing respects:
1. That the time for closing the Agreement is extended to Febmary 6, 2009.
2. Seller will grant to BCI and Bel will accept an access easement in the form of the
attached Exhibit "A" (the "Access EasemenC). The Access Easement will be executed by Seller
and recorded immediately prior to the deed from Seller to Buyer. The Buyer will take title to the
Property subject to it.
3. A portion of the proceeds from tl1e sale '.vin be retained by Buyer in an account
retained in escrow in the County's general fund (the "Escrow"). The County Attorney, or his
successor in office shall be the escrow agent and is responsible to authorize disbursement of the
Escro\v. 1'0 interest earned on the Escrow shall be disbursed to tbe Seller and all interest earned
shall be retained hy the Buyer. The sum to be rctained is $4] 8,750 composed of two parts:
a. $250,UOO \vill be held in respect to the potential for loss of panther habitat
unit mitigation CPHU") credits that Buyer anticipates obtaining in respect to the Propc11y.
Buyer agrees that following closing it will promptly and diligently make a request and
submission to the U.S. Fish and Wildlife Service and other applicable govemment agencies for
an evaluation and determination of whether. and the extent to which, the establishment of PHU
credits in respect to the Propc11y based on Its intended conservation uses by the Conservation
Collier program will be affected by the existence of the Access Easement as distinct from its
absence. If it is determined that the existence of the Access Easement wi 11 reduce the number of
PHU credits that could have been 3\\arded had there been no Access Easement, then the reduced
Agenda Item No. 16E 1
June 23, 2009
Page 4 of 40
number of PHU credits will be multiplied times an agreed market rate of $1 ,500 per PHU. The
resulting sum will be retained by Buyer. The balance of the $250,000 escrow sum will be
remitted to Seller. If in order to obtain this deten11ination it is necessary to make a complete
application to establish PHU credits over the Property then Buyer agrees to do so. Buyer agrees
to use its best efforts to complete the process of having this determination made within one year
of the date or the closing. If, and to the extent, the number of PHU credits that is reduced
multiplied by the foregoing rate exceeds $250,000, the Seller has no obligation to pay any
additional sums to Buyer.
b. $168,750 will be retained in Escrow pending the outcome of a
determination as to the adjustment in the Purchase Price for the Property based on the difference
between the Property being: (i) unencumbered by the Access Easement and (ii) encumbered by
the Access Easement, but without regard to any effect it may have on the potential loss ofPHU
credits as addressed in subparagraph a above. Buyer has determined that the impact could
reduce the value of the Property by the sum of$168,750. Seller does not accept this figure. The
parties shall engage one of the appraiser's that is on the Jist of County approved appraisers (the
"Appraiser'") to perform this evaluation of the effect on the Purchase Price. In performing this
evaluation the Appraiser will accept the Purchase Price as a given and will not independently re-
determine the value of the Property, but rather will evaluate the difference giving consideration
to appropriate criteria. Both parties, or their representatives shall meet with the Appraiser at the
onset of his engagement or thereafter at his request in order to insure that he understands, accepts
and is prepared to perform the evaluation in accord with this subparagraph. The parties shall each
be pemlitted to explain to the Appraiser facts, circumstances, and analyses which they believe
has a bearing on the effect of the Access Easement. Following the result of this evaluation, if the
Appraiser concludes that the value of the Property should be reduced from the Purchase Price,
but the reduction is less than $168,750 then the amount so determined shall be retained by the
Buyer and the difference will be remitted to the Seller. In the event the Appraiser detennines
that reduction of greater than $168,750 is appropriate the Seller will have 110 obligation to pay
the difference to the Buyer. The Seller will be entitled to select the Appraiser from among the
list of approved County appraisers and will pay the reasonable fees and costs of the Appraiser.
c. If on or before December 31, 2013 the Access Easement is terminated by BCI or
successor owners of the BCI Land (i) because alternative access to the BCI Land, is established
over Trafford Oaks Road or (ii) for other reasons, but not because the Buyer purchases the BCI
Land, then in that event any portion of the sums remaining in Escrow or that were previously
retained by the County will be paid to the Seller.
4. The transaction shall be closed promptly following the execution of this
Amendment.
5. Except as hereby modified the ternlS of the Agreement remain in full force and
effect.
IN WITNESS WHEREOF, this Amendment to the Agreement for Sale and Purchase and
County Escrow Agreement has been executed by the parties as of the date set forth beneath their
respective signatures and shall be effective when executed by the last of the parties.
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.;",' DWIGHT-E-. ;BROCK, CLERK
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Approval as to form:
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Jef~Y A. Klatzkow. C' nty Attorney'
Agenda Item No. 16E1
June 23, 2009
Page 5 of 40_
Lake Trafford Ranch, LLLP
By: - ~~. ~~
Thomas M. Taylor, as general partner
By:
Christopher L All , as general partner
Date .2 - ~ -0 Cj
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Bv I!t~ )~
.J ~________ ~------_..,-------_.
D. . A FIALA. CHAIRMAN
Date ;2 -,2 -01
E",h: h; 1 Ilf1"
Agenda Item No. 16E1
June 23,2009
Page 6 of 40
ACCESS EASEMENT
THIS ACCESS EASEMENT is granted this __ day of 2009, by
Lake Trafford Ranch, LLLP, a Florida limited liabilIty limited partnership, a ("Grantor"),
in favor of BARRON COLLIER INVESTMENTS, LTD., a Florida limited partnership
("Grantee").
R Eel TAL s:
A. Grantor is the owner of that certain parcel of land located in Collier
County, Florida, commonly known as the "Pepper Ranch" as more particularly described
in Exhibit "A" attached hereto (hereinafter "Grantor's Property"); and
B. Grantee owns land described in Exhibit "B" ("Grantee's Property") that
abuts Grantor's Property; and
C Grantor has agreed to grant an easement for access to Grantee over a
portion of Grantor's Property.
NOW, THEREFORE, Grantor, for and in consideration of the sum often dollars
($10.00) and other valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged:
1. Grantor does hereby grant to Grantee, a perpetual, non-exclusive easement (the
"Easement") over and across that portion of Grantor's Property described on Exhibit "C"
(the "Servient Estate") for the purpose of ingress and egress to and from Grantee's
Property as the dominant estate. It may not be llsed for above or underground utilities.
Use of the Easement is limited to ingress and egress that serves those activities now.
carried out on Grantee's Property which consist of cattle grazing and ranching, hunting,
and forestry, all as defined belo\v (the "Current Usage"), and activities that result in no
greater degrec, frequency, or burden of usage of the Eascment than does the Currcnt
Usage. No activities or improvements to the Easement shall be made that will adversely
affect the general conservation value of the Grantor's Property, or its value specifically
for panthers; provided that Grantee shall be pemlitted to kecp such access open and
useable. Grantor retains, and shall have the right to lise, the Servicnt Estate in any and all
ways that are not inconsistent with and that do not unrcasonably interfere with the
Easement.
2. Cattle grazing and cattle ranching mean the lIse of Grantee's Property as pasturc
for cattle feeding and sLlstenance, as well as all activities that are usually and customarily
associated therewith based on accepted aglicultural practices, as [rom time to time ex ist.
Forestry means the periodic thinning, clearing, and harvesting of trees and vegetation that
naturally grow on the Grantee's Property. Hunting means non-commercial recreational
hunting, shooting and trapping of wildlife as exists on Grantee's Property.
Agenda Item No. 16E1
June 23, 2009
Page 7 of 40
3. Grantor covenants that it has the right to grant, convey and declare the Easement,
and that Grantee shall have quiet and peaceful use, enjoyment and possession thereof.
4. The Easement granted herein is appurtenant to and shall run in favor of Grantee
and its successors in title to the Grantee's Property and shall be binding upon Grantor and
its successors in title to the Servient 'Estate. Grantee and its successors in title to the
Grantee's Property agree not to seck an expansion of access rights for future development
or any other use.
5. Grantor and any successor owner of Grantor's Property has the right, from time to
time, to relocate the Easement from the Servient Estate to a new location so long as it
provides substantially comparable access to Grantee's Property. In such case, Grantee,
its Sllccessors and assigns, shall execute a consent to the tennination of the Easement
upon its relocation and replacement of the Easement by Grantor (hcrcinafter
"Replacement Easement"). The Replacement Easement must be of substantially the same
quality and practicability as the Easement granted herein. Grantor agrees to assume any
expense directly related to the relocation of the Easement and any improvements to the
Replacement Easement.
6. The cost of maintaining the Easement shall be shared equally between Grantor
and Grantee. The Easement shall be maintained as a lime rock or similar semi-improved
rural road as the road within it has been historical1y used. The Grantee shall be
responsible to keep the north-south leg of the Easement on its western end clear of
vegetation and other obstmctions. as may interfere with its use by Grantee.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed on
the date and year first above written.
Signed and delivered in our presence:
GRA.NTOR:
Lake Trafford Ranch, LLLP
Witness # r
__________.~________._ B y:~.
Thomas M. Taylor
PrinTed name (?[,,'itncss #1
rVitness #2
By:
Christopher L. Allen
Prill/ed n(/me of witness it2
As its sole general partners
Page 2 of 3
Agenda Item No. 16E1
June 23, 2009
Page 8 of 40
ST A TE OF FLORIDA )
s":
~:-\
COUNTY OF COLUER
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this day of January 2009, by Thomas M. Taylor, as general partner of Lake Trafford
Ranch, LLLP, a Florida limited liability limited partnership, who is personally known to
me or who produced as identification.
(SEAL)
Notary Public - State (~f Florida
Printed Name of Notary
My Commission Expires:
STATE OF FLORIDA )
S9:
COUNTY OF COLUER
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me
this _~ day of January 2009, by Christopher L. Allen, as general partner of Lake
Trafford Ranch, LLLP, a Florida limited liability limited partnership, who is personally
known to me or who produced ________ as identification.
(SEAL)
Notal)' Public - Slate o( Florida
Printed Name of Notur)'
" .
}.;Zv Commission Expires:
Page J on
Exhibit" A"
(Legal Description)
Agenda Item No. 16E1
June 23, 2009
Page 9 of 40
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (EY2) of the East Half (E%) of the Southwest Quarter
(SW%) of the Southeast Quarter (SE%) of Section 22, Township 46 South, Range 28 East,
Collier County, Florida, being more particularly described as follows:
. Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East,
Collier County, Florida; thence run S 88"57'47" W, along the south line of the Southeast
Quarter (SE%) of said Section 22 for a distance of 1320.38 feet to the Point of Beginning
of the parcel of land herein described; thence continue S 88"57'47" W, along the south line
of the Southeast Quarter (SE%) of said Section 22, for a distance of 330.09 feet; thence
run N 00031'18" W for a distance of 1342.51 feet; thence run N 88058'31" E for a distance
of 330.12 feet; thence run S 00031'14" E, for a distance of 1342.44 feet to the Point of
Beginning; containing 10.17 acres. more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeast Quarter (SE%) of the Southwest Quarter (SW/.) and
the West Half (W%) of the Southwest Quarter (SW%) of the Southeast Quarter (SE%) of
Section 22, Township 46 South. Range 28 East, Collier County, Florida, being more
particularly described as follows:
Commence at the Southeast corner of Section 22. Township 46 South, Range 28 East,
Collier County, Florida: thence run S 88"57'47" W, along the south line of the Southeast
Quarter (SE%) of said Section 22 for a distance of 1980.56 to the Point of Beginning of
the parcel of land herein described: thence continue S 88"57'47" W, along the south line of
the Southeast Quarter (SE%) of said Section 22, for a distance of 660.19 feet to the South
Quarter corner of said Section 22; thence run S 88"59'47" W along the south line of the
southwest quarter of said Section 22, for a distance of 132180 feet thence run N
00"38'44" W for a distance of 1342,51 feet; thence run N 88059'1 T E, for a distance of
132463 feet thence run N 88"58'31" E, for a distance of 660.24 feet: thence run S
00031'22" E for a distance of 134258 feet to the Point of Beginning; containing 61.13
acres, more or less
AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SE/~) of the Southwest Quarter (SW'/.) of Section 26, Township
46 South, Range 28 East. Collier County, Florida; containing 40.38 acres more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South. Range 28 East, Collier County. Florida; containing
64547 acres more or less.
AND
Property Tax Identification Number: 00053920001
The Northwest Quarter (NW'/.) of the Northeast Quarter (NE'/.) of the Northwest Quarter
(NWX) of Section 35, Township 46 South. Range 28 East, Collier County. Flonda;
containing 1009 acres more or less.
AND
Property Tax Identification Number: 00052640007
Agenda Item No. 16E1
June 23,2009
Page 10 of 40
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East,
Collier County, Florida. being more particularly described as follows;
The West Half (W'h) of Section 26, Township 46 South, Range 28 East, Collier County,
Florida, less the North 1452.35 feet thereof and less the Southeast Quarter (SEv..) of the
Southwest Quarter (SW'/.) of said Section 26, and less that parcel of land, as described
and recorded in Official Records Book 2585 at Page 2735 through 2737, owned by South
Florida Water Management District with Tax Folio Number 00052640007; containing
185.91 acres, more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; containing
643.59 acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida; containing
706.33 acres more or less.
AND
Property Tax Identification Numbers: 00053840000 & 00054040003
The East Half (EY2) of the East Half (E%) of the Northwest Quarter (NW/.); and the
Northeast Quarter (NEY.), less the East 30 feet and the Northerly 30 feet for public road
right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper
Road). Section 35, Township 46 South, Range 28 East, Public Records of Collier County,
Florida, less 2.29 acres in the Northeast Quarter (NEv..) described in Deed recorded in
OffiCial Records Book 1834, Page 216; also less the real property described in Quit Claim
Deed recorded in Official Records Book 49, Page 4; and in Official Records Book 280,
Page 480; and in Official Records Book 282, Page 283; and in Official Records Book 289,
Page 910; all of the. Public Records of Collier County, Florida;
AND
The Southwest Quarter (SW'I4) of the Northwest Quarter (NW/.); and the West Half (Wh)
of the Southeast Quarter (SEX) of the Northwest Quarter (NW%); and the Southwest
Quarter (SW'.I.t) of the Northeast Quarter (NEY..) of the Northwest Quarter (NWY.); and the
South Half (S%) of the Northwest Quarter (NW'/.) of the Northwest Quarter (NW/4); and
the Northwest Quarter (NW'I.) of the Northwest Quarter (NW%) of the Northwest Quarter
(NW%); and the West Half (Wh) of the Northeast Quarter (NEv..) of the Northwest Quarter
(NWI.) of the Northwest Quarter (NW/.) of Section 35, Township 46 South, Range 28
East. Collier County, Florida; containing 208.83 acres, more or less.
The fore mentioned parcels equates to 2,511.90 acres, more or less.
EXHIBIT
~
Agenda Item No. 16E1
June 23,2009
Page 11 of40
I
All of Sections 3, 4 and the North ~/2 of Section 5, Township 47 South, Range 28 East,
Collier County, Florida.
I *,jGINEERS 1-'\ A,NI~ER.:j ~,;ljfN~\nR~'
I ,'l.l.JOSCPPE. AI-K,HilFCTS
Agenda Item No. 16E1
June 23, 2009
Page 12 of 40
OrHCE OF fHE
GOUN,Y ,ATT(.lRNE'i
HM
HOLE MONTES
950 Encore Way' Naples Florida 34110. Phone 239 rw 2000. ~!VelJ\~1fl2 9 PH ,: I 4
EXHIBIT
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HM PROJECT # 2001111
1/28/09
REF DWG # 8-6446-1
PAGE 1 OF 4
LEGAL DESCRIPTION:
A 1500 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26,27,28,33
AND 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING 7.50
FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 26, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.0005S'38"E., ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 30.00 FEET; THENCE
RUN S.89001'22"W., FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.Oo058'38"W., PARALLEL TO THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35. FOR A DISTANCE OF
29.98 FEET; THENCE RUN N.Oi o09'15"W., PARALLEL TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET; TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY;
THENCE RUN NORTHWESTERLY, AlONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 90006'24",
SUBTENDED BY A CHORD OF 113.24 FEET AT A BEARING OF N.46012'27"W., FOR A
DISTANCE OF 12581 FEET TO THE END OF SAID CURVE; THENCE RUN S.88044'21"W.,
FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL
ANGLE OF 90032'26", SUBTENDED BY A CHORD OF 191.82 FEET AT A BEARING OF
N.4soS9'26"W.. FOR A DISTANCE OF 21333 FEET TO THE END OF SAID CURVE; THENCE
RUN N.Oo043'13''W., FOR A DISTANCE OF 1122.79 FEET; TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90034'20", SUBTENDED BY A CHORD
OF 99.49 FEET AT A BEARING OF N.46000'23"W., FOR A DISTANCE OF 110.65 FEET TO
THE END OF SAID CURVE; THENCE RUN S.88042'26''W., FOR A DISTANCE OF 1829.65
FEET; THENCE RUN N.88023'51''W., FOR A DISTANCE OF 333.91 FEET; TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE
RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55008'22", SUBTENDED BY A
CHORD OF 115.71 FEET AT A BEARING OF S.64001'58''W., FOR A DISTANCE OF 120.30
FEET TO THE END OF SAID CURVE; THENCE RUN S36027'47''W, FOR A DISTANCE OF
64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF
42033'01", SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.S7"44'18''W.
FOR A DISTANCE OF 148,53 FEET TO THE END OF SAID CURVE; THENCE RUN
S79000'48''W. FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86034'54"W., FOR A
DISTANCE OF 1589.15 FEET; THENCE RUN S,85042'33"W., FOR A DISTANCE OF 1968.01
FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
H:\2001\2001111\WP\SOUTHPRROADSL-1doc
Agenda Item No. 16E1
June 23, 2009
Page 13 of 40
HM PROJECT # 2001111
1/28/09
REF OWG # 8-6446-1
PAGE20F4
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF
116018'47", SUBTENDED BY A CHORD OF 144.41 FEET AT A BEARING OF S.2r33'10'W.,
FOR A DISTANCE OF 172.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 468.01 FEET, THROUGH A CENTRAL ANGLE OF 22"24'56",
SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19023'46"E., FOR A
DISTANCE OF 183,10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 2260,OZ FEET, THROUGH A CENTRAL ANGLE OF 8"5Z'44",
SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03044'56"E., FOR A
DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 535289 FEET, THROUGH A CENTRAL ANGLE OF 2011'42",
SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF S.00024'ZS''E., FOR A
DISTANCE OF 205.06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20016'29",
SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.11 o38'31"E., FOR A
DISTANCE OF 112.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 17"14'47",
SUBTENDED BY A CHORD OF 174.14 FEET AT A BEARING OF S.13009'22"E., FOR A
DISTANCE OF 174.80 FEET TO THE END OF SAID CURVE; THENCE RUN S.04"31'58"E.,
FOR A DISTANCE OF 310.08 FEET; THENCE RUN SOO"36'32"E" FOR A DISTANCE OF
140.46 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 152.13 FEET, THROUGH A CENTRAL ANGLE OF 3r24'10",
SUBTENDED BY A CHORD OF 97.56 FEET AT A BEARING OF S.19018'37"E.. FOR A
DISTANCE OF 99,31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 33050'05",
SUBTENDED BY A CHORD OF 116.40 FEET AT A BEARING OF S.21005'39"E., FOR A
DISTANCE OF 118.11 FEET TO THE END OF SAID CURVE; THENCE RUN S.04010'36"E.,
FOR A DISTANCE OF 984.89 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 1 00_00 FEET, THROUGH A CENTRAL ANGLE
OF 21037'17", SUBTENDED BY A CHORD OF 37.51 FEET AT A BEARING OF S14059'15"E.,
FOR A DISTANCE OF 3774 FEET TO THE END OF SAID CURVE; THENCE RUN
S2504TS3"E., FOR A DISTANCE OF 365,34 FEET; TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 575_00 FEET. THROUGH A
CENTRAL ANGLE OF 63011'57", SUBTENDED BY A CHORD OF 602.58 FEET AT A BEARING
OF S05048'05''W., FOR A DiSTANCE OF 634.24 FEET TO THE END OF SAID CURVE;
THENCE RUN S.3rZ4'03"W, FOR A DISTANCE OF 1123.09 FEET; TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY: THENCE RUN SOUTHERLY,
ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 329.61 FEET,
THROUGH A CENTRAL ANGLE OF 67"05'00", SUBTENDED BY A CHORD OF 364.24 FEET
H\2001 \2001111\WP\SOUTHPRROADSL-1_doc
Agenda Item No. 16E1
June 23,2009
Page 14 of 40
HM PROJECT # 2001111
1/28/09
REF OWG # 8-6446-1
PAGE 3 OF 4
AT A BEARING OF S.03051'33'W., FOR A DISTANCE OF 385.91 FEET; TO THE BEGINNING
OF A REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 171.86 FEET, THROUGH A
CENTRAL ANGLE OF 29055'47", SUBTENDED BY A CHORD OF 88.76 FEET AT A BEARING
OF S.14043'04"E., FOR A DISTANCE OF 89.77 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 3516.56 FEET, THROUGH A CENTRAL ANGLE
OF 8010'26", SUBTENDED BY A CHORD OF 501.26 FEET AT A BEARiNG OF S.03050'23"E.,
FOR A DISTANCE OF 501.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 410.14 FEET, THROUGH A CENTRAL ANGLE OF 31019'23",
SUBTENDED BY A CHORD OF 221.44 FEET AT A BEARING OF S.07"44'05"W., FORA
DISTANCE OF 224.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERL Y; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 189.86 FEET, THROUGH A CENTRAL ANGLE OF 31002'51",
SUBTENDED BY A CHORD OF 101.63 FEET AT A BEARING OF S.07"52'21'W., FOR A
DISTANCE OF 102.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.07"39'05"E.,
FOR A DISTANCE OF 287.80 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1024.51 FEET, THROUGH A
CENTRAL ANGLE OF 31025'43", SUBTENDED BY A CHORD OF 554.96 FEET AT A BEARING
OF S.23021'56"E., FOR A DISTANCE OF 561.98 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 441.77 FEET, THROUGH A CENTRAL
ANGLE OF 67"43'42", SUBTENDED BY A CHORD OF 492.34 FEET AT A BEARING OF
S.05012'56"E., FOR A DISTANCE OF 522.22 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE
OF 46012'48", SUBTENDED BY A CHORD OF 156.98 FEET AT A BEARING OF S.05032'31'W.,
FOR A DISTANCE OF 161.31 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERL Y; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52050'41",
SUBTENDED BY A CHORD OF 311.49 FEET AT A BEARING OF S.08051'28'W., FOR A
DISTANCE OF 322.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.35016'4S"W.,
FOR A DISTANCE OF 298.12 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 500.00 FEET, THROUGH A CENTRAL
ANGLE OF 19036'39", SUBTENDED BY A CHORD OF 170.30 FEET AT A BEARING OF
S.45005'08"W., FOR A DISTANCE OF 171.14 FEET TO THE POINT OF TERMINATION;
CONTAINING 6.938 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER
OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS
BEING S.OQ058'38"E.
H:\200 1 \200 1111 \WP\SOUTH PRROADSL-1doc
Agenda Item No. 16E1
June 23, 2009
Page 15 of 40
HM PROJECT # 2001111
1/28/09
REF DWG # 8-6446-1
PAGE 4 OF 4
SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR
SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS
PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA WHICH BEARS N.88022'39"E. TO THE POINT OF
TERMINATION.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY ~- Ih... II1~HM/ps.M.#5628
THOMAS M M~Y~TATE OF FLORIDA
H:\2001\2001111\WP\SOUTHPRROADSL-1.aoc
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Agenda Item No. 16E1
June 23, 2009
Page 22 of 40
CONSERVATION COLLIER
Tax Identificat,on Numbers 00052360002, 00052440003. 00052640007.
00052580009, 00052960004. 00053000002,
00053200006.00053840000.00053920001& 000540<10003
Prepared by:
Jennifer 6. White, Esquire.
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(2,39) 252.8400
ACCESS EASEMENT
THIS ACCESS EASEMENT. made and entered into this _ day of
, 2009, by COLLIER COUNTY, a political subdivision of the State
of Florida, whose post office address is 3301 East Tamiami Trail, Naples, Florida
34112. hereinafter referred to as "Grantor", to LAKE TRAFFORD RANCH lllP, a
Florida limited liability limited partnership, whose address is 481 Carica Road. Naples.
FL 34108, hereinafter referred to as "Grantee"
(Whe,ever used ilereln tile terms "Grantol" and "Grantee" 'nelude alllhe parties to IhlS Inst'ument and ttMllf respective IIell'S.
~al representaltves. successors and a,signs )
WIT N E SSE T H:
Grantor, for and in conSideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants. bargaIns and sells unto the Grantee, its
successors and assIgns, a perpetual, non-exclusive easement, for access to, on and
over the land described on Exhibit "A" (the Easement"). to explore, remove and
transport the oil, gas and minerals, on and from, the following described lands located in
Collier County, Florida, described on Exhibit "B" (the Benefited Land") on which Grantee
owns and holds such rights pursuant to the reservations in a deed from Grantee to
Grantor delivered prior to the Access Easement and concurrently with it.
Subject to easements, restrictions, and reservations of record
THIS IS NOT HOMESTEAD PROPERTY,
TO HAVE AND TO HOLD the same unto the Grantee together with the fight to
make such improvements to the Easement as are necessary to its use. and maintaining
facilities thereon. Grantor and Grantee are used for singular or plural, as the context
requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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tte.~t -at -to'Q\i Il':tIi'MPiJty Clerk
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By:
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DONNA IALA. Chairman
(OFFICIAL SEAL)
4pp('o"c.tl. Cl.~ -to -t,rM or \~5o..\ Sv..-ff.;ciCr"lCt::J
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HM
HOLE MONTES
[)j(~ff4f, li'tAtlNtRS SLJ_M~MS.
IA'II(Y~ MlC;tl'if.tT)
Agenda Item No. 16E 1
EXHIBIT ''If '(June 23,2009
/ 7 Page 23 of 40
Page_of
%C En""" Way' Naples flotld. 34110. PIlon. ]J9/~ looC. F", 2l9.2'J4l075
HM PROJECT Ii 200 tIll
12/8/08
REF DWG 1I B.6438
10F3
LEGAL DESCRIPTION:
A 30.00 FOOT WIDE STRIP OF LAND LOCATED IN A PORTION OF SECTIONS 26,27,26
AND 35, TOWNSHIP 46 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA, LYING
1500 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTH QUARTER CORNEA OF SECTION 26, TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN S.00058'38'E., ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 46 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOA A DISTANCE OF 30.00 FEET; THENCE
RUN S.89001'22"W.. FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF
THE CENTERLINE HEREIN DESCRIBED; THENCE RUN N.00"58'36'W., PARALLEL TO THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, FOR A DISTANCE OF
29.98 FEET; THENCE RUN N.01 "09'15"W., PARALLEL TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 1238.43 FEET; TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE SOUTHWESTERLY;
THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 80.00 FEET. THROUGH A CENTRAL ANGLE OF 90"06'24',
SUBTENDEO BY A CHORD OF 113.24 FEET AT A BEARING OF N.46"12'27"W., FOR A
DISTANCE OF 125.81 FEET TO THE END OF SAID CURVE; THENCE RUN S.88'44'21"W..
FOR A DISTANCE OF 2414.34 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET. THROUGH A CENTRAL
ANGLE OF 90"32'26', SUBTENDED BY ACHORD OF 191.82 FEET AT A BEARING OF
N.4soS9'26"W., FOR A DISTANCE OF 213.33 FEET TO THE END OF SAID CURVE; THENCE
RUN N.00'43'13"W.. FOR A DISTANCE OF 112279 FEET; TO THE BEGINNING OF A
TANG ENTlAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY: THENCE RUN
NORTHWESTERL Y, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 90034'20', SUBTENDED BY A CHORD
OF 9949 FEET AT A BEARING OF N46ooo'23"W.. FOR A DISTANCE OF 110.65 FEET TO
THE END OF SAID CURVE; THENCE RUN S.88"42'26"W., FOR A DISTANCE OF 1829.65
FEET; THENCE RUN N.88023'51'W., FOR A DISTANCE OF 333.91 FEET; TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCA VE SOUTHEASTERLY; THENCE
RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE lEFT. HAVING A
RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 55008'22", SUBTENDED BY A
CHORD OF 115.71 FEET AT A BEARING OF S.64"01'58'W.. FOR A DISTANCE OF 120.30
FEET TO THE END OF SAID CURVE: THENCE RUN S.36"27'47'W., FOR A DISTANCE OF
64.98 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE
NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF
42"33'01', SUBTENDED BY A CHORD OF 145.14 FEET AT A BEARING OF S.57'44'18"W..
FOR A DISTANCE OF 148.53 FEET TO THE END OF SAID CURVE; THENCE RUN
S.79"OO'48'W., FOR A DISTANCE OF 196.62 FEET; THENCE RUN S.86'34'54"W., FOR A
DIST ANCE OF 1589.15 FEET: THENCE RUN S.85'42'33W., FOR A OIST ANCE OF 1968.01
FEET; TO THE BEGINNING OF A T ANGENTfAl CIRCULAR CURVE, CONCAVE
SOUTHEASTERL Y; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF
116"18'47', SUBTENDED 8Y A CHORD OF 144.41 FEET AT A BEARING OF S.27"33'10"W.,
H:\200112OO1111\WPIPRROADSLdoc
Agenda Item No. 16E 1
EXHIBIT /1 '<June 23,2009
., 7 lBelge 24 of 40
Page-=- of
HM PROJECT # 2001111
12/8/08
REF DWG # 8.6438
20F :3
FOR A DISTANCE OF 172-55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY. ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 468.01 FEET. THROUGH A CENTRAL ANGLE OF 22"24'56'.
SUBTENDED BY A CHORD OF 181.93 FEET AT A BEARING OF S.19023'46"E., FOR A
DISTANCE OF 183,10 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
WESTERLY; THENCE RUN SOUTHERLY. ALONG THE ARC OF SAID CURVE TO THE
RIGHT. HAVING A RADIUS OF 2260.02 FEET, THROUGH A CENTRAL ANGLE OF 8"52'44',
SUBTENDED BY A CHORD OF 349.87 FEET AT A BEARING OF S.03"44'SS'E" FOR A
DISTANCE OF 350.22 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 5352.89 FEET, THROUGH A CENTRAL ANGLE OF 2011'42",
SUBTENDED BY A CHORD OF 205.05 FEET AT A BEARING OF S.OO"24'25'E.. FOR A
DlST ANCE OF 205.06 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY. AlONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADlUS OF 316.91 FEET, THROUGH A CENTRAL ANGLE OF 20.'6'29".
SUBTENDED BY A CHORD OF 111.56 FEET AT A BEARING OF S.ll "38'31"E., FOR A
DISTANCE OF 112.14 FEET TOTHE BEGINNING OF A REVERSE CURVE. CONCAVE
WESTERl Y; THENCE RUN SOUTHERL Y, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 580.71 FEET, THROUGH A CENTRAL ANGLE OF 17"14'47',
SUBTENDED BY A CHORD OF 174.14 FEET AT A BEARING OF S.13"09'22"E., FOR A
DISTANCE OF 174.80 FEET TO THE ENDOF SAID CURVE; THENCE RUN S.04031'58'E.,
FOR A DISTANCE OF 310.08 FEET; THENCE RUN S.00"36'32"E., fOR A DISTANCE OF
14046 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE
NORTHWESTERL Y; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF
88025'15", SUBTENDED BY A CHORD OF 111.57 FEET AT A BEARING OF S.43'36'OS"W..
FOR A DIST ANCE OF 12346 FEET TO THE END OF SAID CURVE; THENCE RUN
S.87"4S'43"W., FOR A DISTANCE OF 1246.09 FEET; TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE. CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1474.47 FEET, THROUGH A
CENTRAL ANGLE OF 6"08'39', SUBTENDED BY A CHORD OF 158.04 FEET AT A BEARING
OF S.84044'23"W.. FOR A DISTANCE OF 158.12 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERL Y, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 814.75 FEET, THROUGH A CENTRAL
ANGLE OF 19050'09". SUBTENDED BY A CHORD OF 280.66 FEET AT A BEARING OF
N.88024'S2"W., FOR A DISTANCE OF 282.06 FEET TO THE POINT OF TERMINATION;
CONTAINING 10.30S ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF
RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE NORTHWEST QUARTER
OF SECTION 35. TOWNSHIP 46 SOUTH. RANGE 28 EAST. COLLIER COUNTY, FLORIDA AS
BEING 5.00.58'38'E.
SIDELINES OF THE HEREIN DESCRIBED CENTERLINE ARE TO BE LENGTHENED OR
SHORTENED TO MEET THE ANGLE POINTS FORM AND TO A LINE WHICH RUNS
PERPENDICULAR TO THE POINT OF BEGINNING AND TO THE EAST LINE OF THE
H.\2001'.2001111'WP\PRROADSLdoc
Agenda Item No. 16E1
EXHIBIT Ju;p,z3, 2009
~25 of 40
Page-Lof -::t.::.--
HM PROJECT /I 2001111
, 2/8108
REF DWG # 8.6438
SOF3
SOUTHWEST QUARTER OF SECTION 28. TOWNSHIP 46 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA WHICH BEARS 5.0 1.16'19"E. TO THE POINT OF
TERMINATION.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB 111772
BY ~ iI1 -1h_J",/ P.S.M. #5628
;H()~A~Y STATE OF FLORIDA
H:12001\200111l\WPlPAAOAOSLdoc
Agenda Item No. 16E1
EXHIBIT ~~~ 2lEi ~n6
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Exhibit "B"
(Benefited Land)
Southwest Quarter (SW '/.) of Section 28, Township 46 South. Range 28 East. Collier
County, Florida; containing 160.0 acres.
AND
Northwest Quarter (NW Yo) of SectIon 33, Township 46 South, Range 28 East, Collier
County. Florida; containing 160,0 acres.
Agenda Item No. 16E1
June 23,2009
Page 30 of 40
Lease #
Agenda Item No. 16E 1
June 23,2009
Page 31 of 40
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 2.4. day of 1=t.'t.l.......g. .._' 2009, between LAKE
TRAFFORD RANCH, LLLP, a Florida limited liability limited partnership, by its undersigned General Partners, whose
address is 481 Carica Road, Naples, Florida 34108, hereinaller referred to as "LESSEE". and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 330 I East Tamiarni Trail. Naples, Florida 34112,
hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as
follows:
ARTICLE L
Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Two Thousand Twelve point One
(2,OI2.1) acres of property described in Exhibit "A," which is attached hereto and made a part of this Lease, hereinafter
called the "Demised Premises." situated in the County of Collier and the State of Florida, for the sole purpose of cattle
grazing and incidental activities that arl: directly related to beef cattle pruduction..
All animal husbandry principles and practices applicahle to the proper!)' and ellkienl use of grazing resources
shall be followed at all times. The LESSEE shall be responsible for the establishment Ilnd implementation of SOllnd
grazing practices based on the best management guidelines oCthe U.S. Dc:panmenl of Agriculture's National Resources
Conservation Service.
Consistent WIth its status as a tenant the LESSEE will have exclusive use and possession of the Demised Premises,
however, the LESSOR may, as specified below: (i) alter its boundaries and/or (ii) make use of portions of it fur hunting,
public access, and other activities consistent with the Conservation Collier program, as described below in this Articlc I
and in Article 16(e) lInd (t). LESSOR'S use shall not, however, interfere with LESSEE'S permitted use of the Demised
Premises, nor expose LESSEE to liability to third parties based on the use that LESSOR is permil1ed to make of the
Demises Premises.
This LEASE AGREEMENT may be amended from time-to-time in order to change the size of the Demised
Premises as necessary to accomplish the goals, policies, and objcctives of the Conservation Collier [rnplcmelltation
Ordinance (Ordinance 02.63. as amended). LESSOR'S representative (c.g.. Real Estate Services Stall) shall advise
LESSEE, in writing, of its intent to recommend that LESSOR amend this LEASE AGREEMENT. Any Such change
shall only bc effective not less than ninety (90) days after it is executed by the Board of County Commissiuners.
ARTICLE 2.
T enn of Lease
LESSEE shall have and hold the Demised I'remises for a teml of three (3) years, commencing on the date
LESSOR executes this Lease. LESSEE is granted the option, provided LESSEE is not in default of any of the tenTlS of
this Lease. to renew same for two (2) additional terms of one (I) year. under the same terms and conditions, except as to
the rental amount, as pruvided herein, by giving wrinen notice of LESSEE'S intention to do so to the LESSOR not less
than thirty (30) days prior to the expiration of the leasehold estate hereby created. LESSOR reserves the right to deny
LESSEE. in writing, of any renewal term. Said notice shall be effective upon placement of the notice in an official
dep~)sitory of the United States Post Omce, Registered or Certified Mail. Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum ufTwQ Thousand Twelve
Oollars and No Cents ($2,012) per year. Said annual rent shall he paid in full upon thirty (30) days from the date in which
this Lease is executed by the LESSOR. LESSEE will also he responsible for the payment of additional rent as provided
for in ARTICLE 5 of this Lease
In the evcnt LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3
shall be increased utilizing the method outlined in ARTICLE 4.
LESSEE and LESSOR reser....e the nght to termmaW this Lease, wllh or without cause, by providing the other party
WIth thirty (30) days wrilten notice tCJ the address sel forth in ARTICLE 14 of this lcase. Said notice shall be efTcclivc
upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail,
Postage Prepaid. Upon termination of this Lease, (i) LESSEE will have ninely (90) days after tennination to make
arrangements to remove the existing cattle, during which 90 days the cattle must remain, and (ii) LESSOR will remit to
LESSEE any prepaid and unearned rent for IIny period that exceeds (60) days after such 90 days.
ARTICLE 4.
Renewal Term Relit
Agenda Item No. 16E1
June 23,2009
Page 32 of 40
In the event LESSEE elects to renew this Lease. as provided for in ARTICLE 2, the renl set fonh in ARTICLE 3
shall be in,rellsed for each ensuing one (I) year renewal tenn by five (5) percent from the previous year, compounded.
ARTICLE 5.
lnt<:ntionally Omilted
ARTICLE 6.
1\ilodificalions to Demised I'n:mises
Prior to making any changes, alkrations, additions or improvements to the Demised Premises, LESSEE will
provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises
for LESSOR'S written approval. specifying in writing the nature and extent of [he desired alteration, improvement.
change, or addition. along wnh the contcmplated starling and completion timc lor such project. LESSOR or its designee
will then have sixty (60) days within which to approve or deny in writmg said TCqllcst for changes, improvements,
alterations or additions. LESSOR shall nol unreasonably withhold its COllsenl to required or appropriate alterations.
improvements, changes or additions proposed by l.ESSEE. If after sixty (60) days there has been no response from
LESSOR or Its designee to said proposals or plans. then such silence shall be deemed as a denial to such requcst to
LESSEE,
LESSEE covenants and agrees in Cl1nneelion with any maintenance, repair work, erection, ,onstruetion,
improvement, addition or alteration of any authorized modifications, additions or improvements \0 the Demised Premiscs,
to observe and comply with all then and future applicable laws, ordinances. rules, regulations. 11lId requirements of the
Lnited States of Ameril.:a, Stale of Florida. County of Collier, and any and all govemmental agencies.
All alterations. improvement> and additions In the Denmed Premises shall at once, when made or installed, be
deemed as attached to thc lreehold and to have become property of l.ESSOR. Prior 10 the termination of this Lease or any
renewal term then:oC or within thirty (30) days thereafter, if LESSOR so directs, l.ESSEE shall promptly remove the
addItions, Improvements, alterallOns. fix1urcs and installations which wcre placed in, on, or upon the Demised Premises
by LESSEE. and repair any damage occasillned tll the Denllscd Premise~ by such removal: and in default thereof.
LESSUR may complete said removals and repairs at I.ESSEE'S expense.
LESSEE covcnants and agn:es nollo use, occupy, sufter Dr penn it said Demised Premises or an)" part thereof to be
used or occupied for any purpose contrary to l;.", or the rules or regulations of any public authority
ARTICLE 7.
-,-'.hc"ss lopemised Premlse~
LESSOR, its duly authorized agents. n:pn:senlatives and employees. shall have the right to enter into and upon the
Demised Premises or any part lhereof al any time, without notice to the LESSEE, fj,.lr thL' purpose of examining the same
and making repairs, I11sp<:cting or curing a defaull or nuisance, or providing maintenance service therein. and t'lr the
purposes of inspcclion for compliance \\-ith the provisions of thiS Lease Agreement. If LESSOR should need 10 utili:lc
the property lor any length of lime_ lot any purpose, the LESSOR shall advise the LESSEE of its inlention> hy oral
noticc.
ARlICU: 8.
!\;sil(nmcnt and Suble\tjru;;
I.ESSEl-. covenant, and agrees not to assign this Leas\: or 10 sublet the 1I'I1OIc or any pan or the Demised Premises,
or \0 pcnnit any other pcr,ons 10 uccupy ,am:: WIthout the written consenl 01 L.ESSOR. /\ n) ,lKh ;!>slgnment llf
sublcning. even wah the cons\:nl of LESSUR, shall not reheve LESSEE from liability rOI payment of rent or other sums
herein pmvided or from the obligation 10 keep and be bound by Ihe t::mls. com.lttiom and covenanb of this Lease_ The
accept:lnce of rent from any other perslln shall nut be deemed to be a waiver of an) of the provisions of this Lcase or to
he a consenlto the assignment Oflhi, l.ease or subletting ufthe Dl:mlsed Premises.
ARTICLE 9.
Indern..Q!!l
LESSEE, in consideration of Ten Dollars ($10.00). thl: rec.:ipt and sutliciency of which is hereby acknowledged,
sball indemnit~" defend and hold harmless LESSOR. its agents and employees from and against any and all liability
(statuwf) or otherwise), damages, claims, suits, demands. judgments, costs. interest and expensl:s (ineludmg, but not
limited to. altomcy~' It:es unt! di,burscmeIHs both at trial and appellate levels) arising directly from an) injury to. or death
of, <In)" person or persons or damage tll properly I including ;DSS of use thereot) r~'latcd to [I\} LI:.SSU:'S use or the
Demised Premise" (8) any work or thing whats~}c\'er done, or any condllion creatcd (other than b> LESSUR. its
employe.:s, agents or colltractors) by or on behalf of l.ESSEE in or abuullhe Dcrl1lsed Premises, (C) any condition of the
DemISed Premises due to or re5ul11l1g from all> detallll by LESSEE in the pcrformance of LESSEE'S obli!(aliulls under
thi, Lease, or (D) any negligent act or omission of I.ESSEE or Its agents. contractors, emplo)ces, subtenants. licensc<:s or
invitees. In cast:' any action c)r proceeding is brought again,t LESSUR by rl'ason of anyone or Illore thereof. LESSEE
shall pay all costs, aHomeys' rees, c>;penses and liabilities resulling therefrom and shan defend such action or proceeding
if LESSOR shall so request. alI.ESSEE'S expense, hy c01lusel reaslHlably ,atisfactory to LESSOR.
It is acknowledg.:d that in a~cord With the terms of thi, Li:ase (i) certain uses lIla) be made of the Demised
Premises by the LESSOR and (ii) LESSOR. may permil third parti.::s 10 make use of tbe Demised Premises. However,
I.ESS!:::!::: shall have no Iiabilit) tQ ,uch third panics, in par11eular members uf the puhlic or hunl.:rs, nor shall LESSEE he
required tll mallltain or manage the Demised Premisl:s to a standard or \:ondition that would or might be required 1<1
?
Agenda Item No. 16E1
business invitees given that LESSEE'S permitted use not involve or contemplate the presence of business inyitees~Y{l,~ ~33 2~~~
presence of members of the public, or hunters wi 11 be at the direction or invitation of LESSOR. The Demised Prem~~~~ 0
are unimproved agricultural pasture lands and/or naturally vegetated areas. LESSEE'S responsibilities for maintenanec
in accord with Article 11, and its responsibility and liability to LESSOR under this Articles 9 are and shall be based on
the standards of care required of a tenant of lands having the forgoing characteristics and uscs and an ,\bsence of busincss
invitces.
The LESSOR shall n(lt be liable for any injury or damage to person or property caused by the elements or by other
persons in thc Demised Premises, or from the street or sub-surface. or from any other place, or for any interferencc
caused by operations by or for a governmental authority in construction of any public or quasi-public works.
The LESSOR shall not be liable for any damages to or loss of. including loss due to petty theft, any property,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees 10 hold the LESSOR harmless from any
claims for damages. except where such damage or injury is the result of the gross negligencc or willful misconduct of the
LESSOR or its employees.
ARTICLE 10. !miurance
LESSEE shall provide and maintain a farm liability policy which shall be approved by the Collier County Risk
Management Department. for not less than an amount of One Million Dollars and Noll 00 Cents ($1,000,000.00)
throughout the term or any renewals thereof to this Agreement. In IIddition, LESSEE shall provide and maintain
Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable
state and federal laws, The coverage shall iRclude Employer's Liability with a minimum limit of One Hundred Thousand
Dollars and Noll 00 Cents ($100,000.00) each accident
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance
shall be provided to the Collier County Risk Management Department, 3301 East Tamiaml Trail, Administration
Building. Naples. Florida, 34112. fClr approval prior to the commcnccment of this Lease Agreement; and shall include a
provision requiring ten (10) days prior wrinen oOlice to Collier County ~Io County Risk Managemcnt Department in the
event of cancellation or changes in policy(lc:s) coverage. LESSOR reserves the right to reasonably amend the insurance
requireme.nts by issuance of notice in writing to LESSEE. whereupon receipt of slIch notice l.ESSEE shall have thiny
(30) days in which to obtllin such additional insurance.
LESSOR shall maintain such liability insurance. or sclf funded liability reserves, as ure appropriate to prolect itself
and LESSEE from third party claims based on use of the Demised Premiscs that the: LESSOR is permitted to makc. (Ir
allows third panics to make. in accord herewith.
ARTICLE 11. MJ!intenanc~
LESSEE shall be allowed to store, within the Demised Property, any functional maintenance equipment and
supplics required for activities directly related to beef cattle production on the Demised Property.
LESSEE, at its sole cost and expense, shall mow the improved pasture within the Demised Properly a minimum of
one ( I) time per year and may roller chop spet:i fic areas of pasture when needed as a means to control exotic and woody
plant growth and to upkeep areas located around cattle pens. LESSEE shall develop the mowing schedule and include
variables such a~ excessive rainfall. drought or other unforeseen conditions.
Each individual improved paslUre within the Demised Property lIlay include mineral feeders, supplemental feed
trough. and molasses fecd tanks as a means to control canle concentration areas. Rotation of cattle shall continue
throughout the year on a scheduled basis. In the event there has been an extremely dry and cold winter or an
exceptionally wet season. the catlle will be managed b,y LESSEE to fit the available forage.
LESSEE may not fertili7.e impw\'cd paslure areas.
Unless spccifically authorized in writing by LESSOR in advance. plowing, ditching or digging of water holes shall
be prohibited.
LESSEE, at its sole cost and expense, shall erect, if not already existing, and maintain a fence acceptable to
LESSOR around that arca of the Demised Premise~ which shall contain any caule. This fencing is crucial in retaining
cattle and preventing cattle from roaming olT of the Demised Premises.
LESSEE shall, lit its sole cost and expense. keep the Demised Premises free from debris, liner. abandoned
equipment and vehicles. and the like, al 1111 times. If said Dcmised Premises lire not kept free from debris, litter.
abandoned equipment and vehicles, and the like, in the opinion of LESSOR, LESSEE'S manager will be so adviscd in
writ ing. If corrcctive action is not taken within tcn (10) days of the receipt of such notice, LESSOR will cause the same to
be cleaned and corrected and LESSEE shallllSsume and pay all necessary cleaning costs and such costs shall constitute
additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by
LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEF., its employees.
agents, independent contractors. guests, invitees. licensees. and patrons.
Agenda Item No. 16E1
The LESSEE, at its sole cost, shall rt:move from the Demised Premises in accordance wilh all applicableJM.w, 23, 2009
laws and regulations, all non-naturally occurring solid. liquid, semisolid. and gaseous trash and waste (but not J?J~ 34 of 40
waste) and refuse of any nature whatsoever which mighl accumulate and arise trom the operations of the LESSEE'S
business. Such trash. waste and rcfuse shall be stored in closed containers approved by the LESSOR.
LESSEE snail have the right to keep necessary machinery. tools or supplies in a agreed upon designated area.
LESSEE shall make monthly inspections of exterior fem;es and gates and make repairs to the fencing as needed.
LESSOR shall be responsible for all invasive exotic plant control and prescribed burning within the Demised
Pro perty .
LESSOR! Preserve Manager shall visit the property 1011 least semi-annually to evaluate the management and grazing
operation. The LESSOR! Preserve Manager and the LESSEE/Managing Panner shall meet annually to review and, jf
necessary. revise any grazing and/or pasture management plans.
LESSEE shall report any violation observed pertaining lU rules and rcgulations promulgated by Collier County or
the Florida Fish and Wildlife Conservation Commission. LESSEE shall immediately report any incidence of the
following:
. Fire
. Vandalism
. Theft
. Poaching
. Trespassing
. Any haz.ard. condition or situation that may become a liability to [he County or may be damaging to the property
or improvements on the property.
LESSEE has no affirmative dut) to actively monitor conditions for discovery of sllch !lCllvities.
ARTICLE 12. Default by LESSEj;;
failure or LESSEE to comply for thirty (30) da}'s with uny material provision or covenant ollhis Lease shall
constitute a ddaull, LESSOR may, at its option, terminate thIS Lease after thirty (30) days written notice to LESSEE,
unless the default be cured within the notice period (or such additional lime liS is reasonably required to correct such
default). However, tlw occurrence of any of the following events shall constitute a default by LESSEE, and this Lease
may be immediately terminated by LESSOR;
(a) Abandonment of Demised Premises or discllntinuutlon ,If LESSEE'S opcration.
(b) falsification of LESSEE or an agent of LESSEF of any n:purt required to be I"urnislted to
LESSOR pursuant to the terms of this Lease.
(c I Filing of insolvency. reorganization, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment for the bcnefit of creditors.
(f) If LESSEE sutTers this Lease to be taken under any wril of execlltion.
In the event of the occurrence of any or the foregoing defaults ill this ARTICLE, I.ESSOR, in addition to any other
rights and remedies It may have, shall have the immediate right to re-enter and remove all persons and property fwm thc
Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at Ihl' cost of and for
the account or LESSEE. all without service of notice or resort to legal process and without heing deemed guilty of
trespass. or being liable for any loss or damage which may be occasioned thcrcby.
LESSOR may, at its option, terminate thiS Lease after rcceipt by LE:SSEE of thirty (30) days notice in writing If a
lien is liled against the property or the leasehold interest of the 1.ESSEE. 1ind not removed within thirty (30) days by
LESSEE, pursuant to the Flmida Mechanics Lien Li1w.
If LESSEE fails to pay the rental amount or any additional charges when due to LESSOR as specified in this
Lease, and if said amounts remain unpaid for more than ten ( 10) days past the due date, the LESSEE shaH pay LESSOR a
late paymcnt charge equal to five (5) perecnt or any payment not paid promptly when due. Any amounts not paid
promptly when due shall also accrue compounded intereSl of two (2) percent per month or the highest interest rate then
allowed by Florida law, whichever is higher. whIch interest shall be raid by LESSEE to LESSOR.
ARTICLE 13. Defaull bv LESSOR
LESSOR shall in no event be charged with default in the pcrfommnce of any of its obligations hereunder unless
and untill.ESSOR shall have failed to perform such obligations within thirty (30) days(ur at LESSOR'S sole discretion.
4
Agenda Item No. 16E1
such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE pr~c\in~~/i5 2r~~
specifying wherein LESSOR has failed to perform any such obligations. 0
ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other
party at the following addrcsses:
LESSOR:
Board of County Commissioners
c/o Real Property Managemcnt
Building W
330\ Tamiami Trail East
Naples, Florida 34112
LESSEE:
Mr. Th()ma.~ Taylor, General Partner
Lake Trafford Ranch, LLLP
481 Carica Road
Naples, Florida 34108
ec: Office of the County Attorney
Collier County Government Cenler
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Mr. Christopher Allen. Generall>artner
Lake Trafford Ranch, LLLP
555 Hickory Road
Naples. Florida 341 08
Conservation Collier Coordinator
Collier County Government Center
Building W
3301 Tamiami Trail East
Naples, Florida 34112
ARTICLE 15. SUTTCnder of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lea...e and shall
deliver up and surrender to LESSOR possession of the Demised Premises and uny Improvements not removed upon
expiration of this Lease. or its earlier termination as herein provided, in as guod condition and repair liS the same shall be
at the commencement of the Itmn of this Lease or may have been pllt by LESSOR or LESSEE during the continuance
thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16. Gene[l!tProvi~i.2m
LESSEE agrees to contain callie within the Demised Premises and prevcnt cattle from roaming otT of the Ocmised
Premises.
LESSEE shall be allowed tll maintain no more than Three Hundred (300) Animal Unrts lit the Demised Premises. Animal
Units will be established based on the following table:
Tllble 1: Animal Unit Equivalent Guide
Specie.l Average l Animal Unit
Weight Equivalent
ouods _, LAUE
Cow, dry 950 0.92
Cow with calf 'r~-' 1.000 - ... - J.OO-
I Bull, mature ----I 1.500 I iJ5
I Canle. !"year old _-I 6ouT- -1)6~
i Cattle, 2 year o~__~ 800 . 0.80
LESSEE shall have the right to camp overnight on the Demised Prcmises, at LESSEE'S own risk, and shall he
required to obtain any necessary permits, if required. for this use.
If LESSEE should elect to destroy sick caul\:. any use of firearms shall be permitted by LESSOR so as long as
LESSEE is legally permined to possess such firearm in the County of Collier and I or the State of Florida, as applicable.
LESSEE acknowledges that there shall be no game hunting or any dispensation of firearms by LESSEE or his
invitees upon the Demised Premises except as specifically allowed under [his Lease,
LESSEE fully understands that the police and law cnforcemenl security protection pro\ided by law enforcement
agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated
in Collier County, and acknowledges lhat llny special security measures deemed necessary for additional protection of the
Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns. to refrain from any use of the Demised Premises
which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where
other operations share common facilities.
s
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
Agenda Item No. 16E 1
June 23, 2009
Page 36 of 40
(b) LESSEE agrees to pay all sales lax imposed on the rcntal of the Demised Premises where applicable under law. .
(c) If applicable. LESSEE agrees to pay all intangible: p<:rsllnaJ property taxes that may be imposed duc to the creation,
by this Lease, of a leasehold interest in the Demised Premiscs or LESSEE'S possession of said leasehold interest in
the Demised Premises.
(d) LESSEE shall not perform any environmental property management issues. sueh as, but nOl limited to. buming or
removal of vegetation, unless prior approval is granted by LESSOR.
(e) LESSEE acknowledges that LESSOR may allow limited seasonal hunting on the Demised Premises under the
supervision of the Florida Fish and Wildlife Conservation Commission. LESSOR is responsible for dcveloping
and implementing rules, protOl.:ols. and for the supervision of any hunters and members of the public gencrally to
guard against accidents. injury to LESSEE'S cattle. and interference with LESSEE'S permitted use.
(I) LESSOR may engage a Range Conservationist to develop a long-range management plan for the Demised
Premises. LESSEE acknowledges that he will cooperate with LESSOR and any plllns that may develop for the
Demised Prcmises liS a result of future planning, Implementation of any such plan shall require sixty (60) days
written notice to LESSEE and if it reduccs the land available to LESSEE the rent will be reduced accordingly.
ARTICLE 17. Intentionally Omiued
ARTICLE 18. ~xtent of tien_s
All persons to whom these pn.:sents ma} come are put upon notice of the fact that the interest of the LESSOR in
the Demised Premises shall not be subject to liens for improvements made by the LESSEE. and liens for improvemcnts
made by lhe LESSEE lire specifically prohibited from allaching to or becoming a lien on the intcrest of thc LESSOR in
the Demised Premises or any part of eIther. This notice is givcn pursuant to the provisions of llnd in compliance with
Section 713. 10. Florida Statutes.
ARTICLE 19. Qlllet I:nlll\'ment
Subject to LESSOR'S rights provided in this Lease, LESSOR covenants that LESSEr:, nn paying the rental
amount and performing the I.:ovt:nallls, terms and conditions required of LESSEE cnnlaincd herein. shall peaceably and
quietly have. hold and enjoy the Demised Premises und the leasehold estate granled to LESSEE hy virtue of this Leasc
Agreement.
ARTICLE 20. Waiver
No failure of LESSOR to enforce any tcrms Of conditions hcrein shall be decmed to be a waiver.
ARTICLE 21. Efleetive Datc
This Lease shall become efTective upon execution by both LESSOR and LESSEr:.
ARTICLE 22. Govemine l.aw
This l.ease shall be govcmed and construed in accordam;c With the laws of the State of Florida.
ARllCLE 23. A?signmcnt
LESSEE shall have the right to assign this Lease to a legal entity owncd or controlled by either Thomas Taylor or
Christoph!::r Allen. LESSOR must be advised of any sllch assignment in writing.
IN WrrNESS WIIEREOr, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED )-2-0'}
ArrEST:
DWI i:::B.I!<~Ji~e1_ '"".
.:- . .,.~~\.c
. C'''irk . -::.
.. Attnt U~..elM lM14n ,
:. I ton.~.~.'
. "\-
J
BOARD OF COUl'TY COMMISSIONERS
COLLIER Cot TV, FL02-
BY: _ .. ~
DONNA IALA, ChaIrman
. :. t.:.., ~
6
AS TO LESSEE:
DATED: ~t..'ib '2., j!oo,,\
WITNESSES:
~
(SignaUl!e) <;:" (' ~.. _
~'C\'" ....~ ,. ~,,".r
(Print Name)
~-6\J.J~
(Si~ture)
.::::l f..N l\.h:FER.. "B., LiJ.\.\ \"TE..
(Print Name)
~~
(Signa~rc) ~ __,.- . ___
<;t,&..........~......... ~V\..>
(Print Name)
~~~~
(Signature)
3"~~ t.:) \ r:'e.. ~ f>.~.~\ ~
(Print Name)
Approved as to foml and legal suflidcncy:
~~N~
Jennifer . White, Assistant County ..'ttomey
Agenda Item No. 16E1
June 23,2009
Page 37 of 40
LAKE TRAfFORD RANCH. LLLP,
a Florida limited liability limited partnership
BY:-~'~
THOMAS M. TAYLOR. as General Partner
LAKE TRAFFORD RANCH, LLLP,
a Florida limited liability limited partnership
( . Cl.(- (
f. '. ~ '-~. '. ~ I .1
y., ." . .
B. _ ,I\ , . 'd. ' -'_...' .... .~_
CHRISTOPHER L. .tEN, as eneral Partner
7
Agenda Item No. 16E1
June 23, 2009
Page 38 of 40
Exhibit "A"
(Legal Description of Demised Property)
Property Tax Identification Number; 00052360002
A parcel of land lying in the East Half (EYz) of the East Half (EYz) of the Southwest Quarter (SW"'/4) of
the Southeast Quarter (SEY4) of Section 22, Township 46 South, Range 28 East, Collier County,
Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South, Range 28 East.
Collier County, Florida; thence run S 88057'47" W, along the south line of the Southeast
Quarter (SE"Y4) of said Section 22 for a distance of 1320.38 feet to the Point of
Beginning of the parcel of land herein described; thence continue S 88057'47" W,
along the south line of the Southeast Quarter (SEY4) of said Section 22. for a distance
of 330.09 feet; thence run N 00031'18" W for a distance of 1342.51 feet; thence run N
88058'31" E for a distance of 330.12 feet; thence run S 00.31'14" E, for a distance of
1342.44 feet to the Point of Beginning; containing 10.17 acres. more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28, Township 46 South, Range 28 East. Collier County, Florida; containing 645.47
acres more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida; contaming 643.59
acres more or less.
AND
Property Tax Identification Number: 00053200006
All of Section 33, Township 46 South, Range 28 East, Collier County, Florida; containing 706.33
acres more or less.
8
Agenda Item No. 16E 1
June 23,2009
Page 39 of 40
Office of the County Attorney
Deputy CollDty AttOl11ey
Scott R. Teach
A.ssi.ff1u1t CoUIJty Attomeys
Colleen M. Greene
Jenniler B. White
Steven 'J', .Williams
JerrE. Wright
Robert N. L,achary
Section G1ieJ$
Heidi F. Ashtoll-Cicko.
]a('(luclUle y.,.'. Hubbard'
. BoaTd Ccltilier.l City, CoUl\ly
and Ux'aJ Gownlmellt 1,1\1'-
Jeffrey A. Klatzkow
County Attorney
May 29, 2009
VIA EMAlL & REGULAR MAIL
Lake Trafford Ranch. LLLP
Thomas M, Taylor and Christopher L. Allen. as general partners
1395 Panther Lane, Suite 300
Naples, FL 34109
Rc: Peppel' Ranch purchase - Reserve for Escrow
Dear Sirs:
Pursuant to paragraph 3 of tile Amendment to Agreement for Sale and Purchase and County
Escrow Agreement dated February 2, 2009, between Lake Trafford Ranch LLLP and Collier
County, escrowed funds in the amount of $250,000 arc to be held in the County's general fund
for possible Panther Habitat Unit loss. The County would prefer to place the escrowed funds in
an account labeled Reserve for Escrow in the Conservation Collier Fund (172). The County is
requesting your authorization to transfer the escrowed flmds. If you have no objection, please
sign below where indicated and return this letter to our office,
Please let me know jfyou have any questions or concerns. Thank you for your prompt attention
to this matter.
Very truly yours,
OFFICE OF THE COUNTY A TIORNEY
~i3!t0~
Jennifer B. White
Assistant County Attorney
cc: Jeffrey A. KJalzkow, County Attorney
Richard GrlU\t, Esquire
3301 East Tamiami Trail- Naples, Florida 34112-4902 - Phone (239) 252.8400 - Facsimile (239) 252-6300
Agenda Item No. 16E1
June 23, 2009
Page 40 of 40
Lake Trafford Ranch, LLLP
Thomas M. Taylor and Christopher 1. Allen, as general partners
May 29, 2009
Page 2
We the undersigned hereby authorize Collier County to place the escrowed funds in an account labeled
Reserve for Escrow in tbe Conservation Collier Fund (172), and hold it in escrow in accordance with the
tenus of the Amendment to Agreement for Sale and Purchase and County Escrow Agreement dated
February 2, 2009.
LAKE TRAFFORD RANCH. LLLP
Date:
-J:;;Jt1-- I ~C2J '7
/
BY~~
OS-RPR"() 1404/26
330 I East Tamiami Trail - Naples. Florida 34112-4902 - Phone (239) 252-8400 - Facsimile (239) 252-6300